Cases of identification of households and individuals directly engaged in agricultural production in Vietnam

Cases of identification of households and individuals directly engaged in agricultural production in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Identification of households and individuals directly engaged in agricultural production

Cases of identification of households and individuals directly engaged in agricultural production according to Clause 1, Article 3 of Circular 33/2017/TT-BTNMT include:

(1) Allocation of agricultural land to households and individuals according to the provisions of Article 54 of the Land Law;

(2) Register to receive transfers or donations of rice land use rights from households and individuals;

(3) Recognition of agricultural land use rights for households and individuals;

(4) Recovery of agricultural land for households and individuals that need to determine the beneficiaries of compensation and support.

2. Bases for identification of households and individuals directly engaged in agricultural production in Vietnam

Bases for identification of households and individuals directly engaged in agricultural production according to Clauses 2 and 3, Article 3 of Circular 33/2017/TT-BTNMT are as follows:

* Bases for identifying individuals directly engaged in agricultural production:

- Currently using agricultural land allocated, leased, or recognized by the state; due to receipt of conversion, transfer, inheritance, donation, or capital contribution with land use rights; using agricultural land that has not been recognized by the State;

- Not subject to regular salary; the subjects who have retired, lost their working capacity, or quit their jobs are entitled to social allowances;

- Having a regular source of income from agricultural production on the currently used land area specified at Point a, Clause 2, Article 3 of Circular 33/2017/TT-BTNMT, even if there is no regular income due to natural disasters, environmental disasters, fires, or epidemics;

- In case of allocating agricultural land to an individual according to the provisions of Article 54 of the Land Law, registering to receive the transfer or donation of the individual's rice land use right, only the provisions of Point b, Clause 2 of Article 3 Circular 33/2017/TT-BTNMT shall apply.

* Bases for identification of households directly engaged in agricultural production:

- Currently using agricultural land allocated, leased, or recognized by the State; due to receipt of conversion, transfer, inheritance, donation, or capital contribution with land use rights; using agricultural land that has not been recognized by the State;

- There is at least one member of the household who is not eligible for a regular salary; the subjects who have retired, lost their working capacity, or quit their jobs are entitled to social allowances;

- Having a regular source of income from agricultural production on the currently used land area specified at Point a, Clause 3, Article 3 of Circular 33/2017/TT-BTNMT, even if there is no regular income due to natural disasters, environmental disasters, fires, or epidemics;

- In case of allocating agricultural land to a household according to the provisions of Article 54 of the Land Law, registration for transfer or donation of the household's rice land use right, only the basis specified at Point b, Clause 3 Article 3 Circular 33/2017/TT-BTNMT.

3. Authority to certify households and individuals directly engaged in agricultural production in Vietnam

The authority to certify households and individuals directly engaged in agricultural production according to Clause 4, Article 3 of Circular 33/2017/TT-BTNMT is as follows:

Confirmation by the People's Committees of communes, wards, and townships that households and individuals directly engaged in agricultural production have a stable source of income from agricultural production is a condition of carrying out the procedures specified in Section 1 and is done as follows:

- For the case of carrying out the procedures specified in (1), item 1, the Division of Natural Resources and Environment is responsible for sending a written request for identification to the commune-level People's Committee where the household's or individual's permanent residence is registered;

- For the purpose of carrying out the procedures specified in (2) and (3), Section 1, the land registration office shall send a written request for identification to the commune-level People's Committee of the place where the household or individual permanently resides;

- For the case specified in (4), item 1, when there is a record of investigation, survey, measurement, or tally, the organization in charge of compensation and ground clearance shall send a written request for identification to the commune-level People's Committee of the place where its permanent residence is registered;

- In case a household or individual uses land that is not in the same place of permanent residence registration, the responsible agency specified at Points a, b, and c, Clause 4, Article 3 of Circular 33/2017/TT-BTNMT, shall send a written notice to the commune-level People's Committee of the place where its permanent residence is registered and the People's Committee of the commune where the land is requested for identification according to the provisions of Clause 2, Article 2 of Decree 01/2017/ND-CP.

The People's Committee of the commune where the land is located shall send a written identification to the People's Committee of the commune where the household or individual is registered.

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